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Interim Conservation Areas for Wyong Shire
Development Control Plan No. 13

Part 1- Introduction

1.1 What is this Plan Called?
This plan shall be cited as "Interim Conservation Areas for Wyong Shire, Development Control Plan No 13".

1.2 Where does this Plan Apply?
This plan applies to all lands identified on the attached plan showing "potential conservation investigation areas". These areas are shown in red in Appendix B and represent those lands that are under investigation for either the conservation of threatened species, retention of native vegetation or protection of wildlife corridors.

This plan does not apply to developments identified under the exemptions outlined in Part 4 of Development Control Plan No 14 - Vegetation Management; or those which are provided for by Clause 5.1 of Development Control Plan No 30 - Wetlands; or development which satisfies the minor development checklist in Council's Flora and Fauna Guidelines for Development. It also does not apply to single dwelling houses on existing lots, additions and ancillary development. Developments defined as Exempt or Complying development, as outlined in DCP No 85 - Exempt Development and DCP No 86 - Complying Development, are also exempt from the provisions of this particular policy. Council may make additional determinations that some forms of development also constitute minor development.

1.3 What are the Aims of this Plan?
The aim of this plan is to protect and conserve remaining natural areas and wildlife corridor opportunities until ecological studies have been fully completed within "potential conservation investigation areas".

The objectives of the plan are:

  •  To protect native vegetation, maintain ecological processes and biological diversity  within lands that are under investigation for conservation purposes.

  •  To maintain important wildlife linkages for flora and fauna.

  •  To discourage development proposals that have the potential to fragment, disturb or  introduce new threatening processes into natural areas.

  •  To promote the establishment and retention of habitat corridors and natural areas in  order to contribute to the long-term survival of native flora and fauna in the local area.

  •  To provide clear information on Council's requirement for the submission of relevant  environmental information for development proposals which fall within potential  conservation areas that are under investigation within Wyong Shire.

This DCP has been developed in accordance with Section 72 of the Environmental Planning and Assessment Act, 1979. This DCP is to be used in the assessment of development applications by Council. To satisfy the requirements of this Plan Council may require applicants to undertake additional studies, surveys and assessments to investigate the impacts of development on potential conservation investigation areas. To expedite the development approval process, applicants should consult with Council prior to DA lodgement to ensure that development proposals address all relevant matters.

1.4 How does this Plan Relate to other Plans and Policies?
How does this DCP relate to other planning instruments, legislation and Council policies?

In the event of any inconsistency with any other Development Control Plan this plan shall prevail to the extent of the inconsistency.

Several other Acts and State Environmental Planning Policies (SEPPs) influence biodiversity and conservation decisions in Wyong Shire. Most contain separate assessment consideration and different development processes. A list of relevant legislation and policies is provided in Appendix A.

In addition to the requirements of this policy, other Council environmental policies must also be satisfied. These include:

  •  Development Control Plan No 30 - Wetlands

  •  Development Control Plan No 14 - Vegetation Management

  •  Flora and Fauna Guidelines for Development

  •  Green Corridors Policy - G1

  •  Interim Ecological Assessment Information Required to Assess Clearing Impacts within Squirrel Glider Habitat within Wyong Shire.

  •  Interim Survey Guidelines for Ground Orchids which are listed on the TSC Act, 1995 in Wyong Shire

1.5 Format and Use of this DCP

Figure 1 illustrates the DCP's function in relation to the development assessment process.

1.6 Definitions Used in this Plan

Term Definition
biological diversity

means the diversity of life and is made up of the following components:
a. genetic diversity - the variety of genes (or units of heredity) in any population
b. species diversity - the variety of species
c. ecosystem diversity - the variety of communities or ecosystems.

compensatory means the restoration of habitat on a cleared or degraded site to
habitat reinstate the structure and dynamics of pre-existing habitat as a compensatory measure for the loss of an area of native vegetation.
connectivity means the degree of interconnection of habitat utilised by a particular species
ecological community means an assemblage of species occupying a particular area
ecological processes means those processes that play an essential role in maintaining the integrity and continuity of an ecosystem.
fauna groups means a group of species which occupy a similar ecological niche
fragmentation means the process of progressive loss and isolation of habitat leading to reduction in habitat connectivity for some species.
habitat means an area or place occupied by a particular species, population or ecological community.
habitat corridor means an area or network of areas of native vegetation or habitat that enables migration, colonisation or interbreeding of plants and animals between two or more larger areas of habitat.
no net loss means that an equivalent portion of habitat will be required to be restored or created as part of any compensatory habitat measure.
potential means the areas shown in the colour red on the map titled "potential
conservation conservation investigation area" which is attached to this plan.
investigation area
riparian land means any land which adjoins, directly influences, or is influenced by a body of water.
species means a group of organisms capable of interbreeding freely with each other but (usually) not with members of other species, and includes any recognised sub-species and taxon below a sub-species, and any recognisable variant of a sub-species of a taxon.
threatened species means a species specific in Part 1 or 4 of Schedule 1 or in Schedule 2 of the Threatened Species Conservation Act 1995, being a species considered to be at risk of becoming extinct, or of becoming endangered.
Threatened species means any species, population or ecological community which is
Population or scheduled under the Threatened Species Conservation Act, 1995.
community
threatening process means a process that threatens, or may have the capability to threaten, the survival or evolutionary development of a species, populations or ecological communities

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Page last updated: 04/03/2002

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